Gujarat High Court Confirms Death Sentence for Rape and Murder of 9-Year-Old Child Under POCSO Act and IPC. The court held that the case falls within the 'rarest of rare' category due to the brutal nature of the crime and the vulnerability of the victim.

High Court: Gujarat High Court In Favour of Prosecution

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2026-05-19 01:43:29

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Case Note & Summary

The case involves the confirmation of a death sentence awarded to the appellant, Pradip Rajesh Rajkumar Gupta, by the Additional Sessions Court at Valsad in Special POCSO Case No.73 of 2022. The appellant was convicted for the rape and murder of a 9-year-old girl, as well as for causing disappearance of evidence. The victim lived with her parents and brother in a rented room in a common chawl in Vapi. The appellant, who was known to the family and used to visit his aunt who lived nearby, was last seen with the victim. The prosecution's case was based on circumstantial evidence, including last seen evidence, recovery of the body, and medical reports. The trial court sentenced the appellant to death under Section 302 IPC and Section 6 of the POCSO Act, with no separate sentence under Section 376A IPC, and rigorous imprisonment for 7 years under Section 201 IPC. The High Court, in the death reference and the appeal, independently assessed the evidence and confirmed the conviction and death sentence, holding that the case falls within the 'rarest of rare' category due to the brutal nature of the crime, the vulnerability of the victim, and the lack of any mitigating circumstances. The court emphasized that the collective conscience of society would be shocked if a lesser sentence were imposed.

Headnote

A) Criminal Law - Death Sentence Confirmation - Rarest of Rare Doctrine - Sections 302, 376A, 201 IPC; Section 6 POCSO Act, 2012 - The High Court confirmed the death sentence for the rape and murder of a 9-year-old girl, holding that the case falls within the 'rarest of rare' category due to the brutal nature of the crime, the vulnerability of the victim, and the lack of any mitigating circumstances. The court emphasized that the collective conscience of society would be shocked if a lesser sentence were imposed. (Paras 1-44)

B) Evidence Law - Circumstantial Evidence - Chain of Circumstances - The conviction was based on circumstantial evidence, including last seen evidence, recovery of the body, and medical reports. The court found that the chain of circumstances was complete and pointed unequivocally to the guilt of the accused. (Paras 3-30)

C) Criminal Procedure - Confirmation of Death Sentence - Reference under Section 366 CrPC - The High Court, in a death reference, independently assessed the evidence and confirmed the sentence, noting that the trial court had correctly applied the 'rarest of rare' test. (Paras 1-44)

Issue of Consideration

Whether the death sentence awarded to the appellant for the rape and murder of a 9-year-old child should be confirmed under the 'rarest of rare' doctrine.

Final Decision

The High Court confirmed the death sentence and dismissed the appeal, upholding the conviction and sentence.

Law Points

Death sentence confirmation
Rarest of rare doctrine
Aggravating and mitigating circumstances
Section 302 IPC
Section 6 POCSO Act
Section 376A IPC
Section 201 IPC

Case Details

2026:GUJHC:6773-DB

R/CRIMINAL CONFIRMATION CASE NO. 1 of 2023 with R/CRIMINAL APPEAL NO. 777 of 2023

2026-01-30

ILESH J. VORA, R. T. VACHHANI

2026:GUJHC:6773-DB

MR RONAK RAVAL, APP for the Appellant(s) No. 1; NOTICE SERVED for the Respondent(s) No. 1

State of Gujarat

Pradip s/o Rajesh @ Rajendra @ Rameshwar Rajkumar Gupta

Nature of Litigation

Confirmation of death sentence and appeal against conviction

Remedy Sought

Confirmation of death sentence by the State and setting aside of conviction by the appellant

Filing Reason

Death reference under Section 366 CrPC and appeal against conviction and sentence

Previous Decisions

Trial court convicted and sentenced the appellant to death on 30.01.2023 in Special POCSO Case No.73 of 2022

Issues

Whether the conviction based on circumstantial evidence is sustainable? Whether the death sentence is appropriate under the 'rarest of rare' doctrine?

Submissions/Arguments

Appellant argued that the evidence was insufficient and the sentence was excessive. State argued that the case falls within the 'rarest of rare' category and the death sentence should be confirmed.

Ratio Decidendi

The case falls within the 'rarest of rare' category due to the brutal rape and murder of a 9-year-old child, the vulnerability of the victim, and the lack of any mitigating circumstances. The circumstantial evidence formed a complete chain pointing to the guilt of the accused.

Judgment Excerpts

The death reference has come up before this Court for confirmation of a Death Sentence awarded to the appellant – sole accused Pradip Rajesh Rajkumar Gupta. The appellant accused Pradik Shah was tried and prosecuted for the offence of murder and rape of 9 years old child.

Procedural History

The trial court convicted and sentenced the appellant to death on 30.01.2023. The State filed a death reference under Section 366 CrPC, and the appellant filed an appeal against the conviction and sentence. The High Court heard both matters together and delivered judgment on 30.01.2026.